ZUY v NSW Trustee and Guardian [2022] NSWCATAP 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZUY v NSW Trustee and Guardian [2022] NSWCATAP 3 Hearing dates: 12 July 2021 Date of orders: 5 January 2022 Decision date: 05 January 2022 Jurisdiction: Appeal Panel Before: C P Fougere, Principal Member D Charles, Senior Member M Oxenham, General Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. Catchwords: APPEAL – Appeal from orders made by Guardianship Division – decision to confirm financial management order – appellant held genuine belief that despite evidence to the contrary he was not present at 2005 hearing when order was first made and unsafe conclusions reached – no basis for leave to appeal - appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 65(1), 80(2)(b) Guardianship Act 1987 (NSW), ss 4(a), 4(d), 25P Civil and Administrative Tribunal Rules 2014, Rule 25(4)(c) Cases Cited: C v W [2015] NSWSC 1774 Collins v Urban [2014] NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Neill v Nott [1994] HCA 23 P v NSW Trustee and Guardian [2015] NSWSC 579 SAB v SEM [2013] NSWSC 253 Texts Cited: Nil Category: Principal judgment Parties: ZUY (Appellant) NSW Trustee and Guardian (Respondent) Representation: Appellant (Self-represented) Respondent (Self-represented) File Number(s): 2021/00101826 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information picture or other material that identifies them or is likely to lead to their identification is prohibited. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 11 February 2021 Before: R H Booby, Senior Member (Legal) File Number(s): 1998/65951